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What constitutes a derivative work?
The US Copyright Office states:
A typical example of a derivative work [..] is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to […] ... Continue reading »
The US Copyright Office states:
A typical example of a derivative work [..] is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to […] ... Continue reading »
10 months ago
10 months ago
Well, I actually agree. I am not advocating technology controls.
I am wondering if it would be useful for a technology to understand "Yes this is a Derivative work", but it seems to me that "derivative or not" must be a human input piece of metadata. Technology can't define a Derivative work.
However technology can determine if it is modified, and as such "Yes this is a modified work" could be a system generated piece of metadata.
Is it worth it to a content creator to know if content is modified or not?
10 months ago
All of those cases are clearly derivative works, except maybe image 3. The Creative Commons tends not to view a picture in a page of text as a derivative work, where as the Free Software Foundation (with the GNU Free Documentation License) believes that would constitute a derivative work. Which of them is right has yet to be seen, and would depend on the theories being tested in court. Or so I've been told.
I don't see how there's any question as to whether a cropped image is legally a derivative work. I think the real question you're asking is about transformative use. I think there's a strong argument that image 1 is transformative, whereas it would be harder to say the same about image 4. Image 3, if considered a derivative of the original, is also clearly transformative.
10 months ago
There is, however (at least in the US), a distinction between non-transformative and transformative derivative works.
10 months ago
From the link on Wikipedia, the way I read Transformative use would imply all of these images are transformative use. I too am no lawyer.
However, I am not trying to make a legal distinction. I'm more interested in content mark-up/metadata for content that is being reused. I think it is valuable to KNOW if a work I'm looking at is a derivative of another work. And although it may not be clear in my post, I'm trying to figure out:
1. If there are any hard rules for defining a work "Derivative". If so a system can define and then auto generate the metadata Work=Deriviative versus Work=Original. It seems to me that Derivative is likely a user generated field.
2. But there are easily defined rules for Modified work. However, is that useful metadata? Work=modified?
10 months ago